0000950123-08-000145 Sample Contracts

Amendment to Employment Agreement
Employment Agreement • January 7th, 2008 • Commerce Bancorp Inc /Nj/ • National commercial banks

This Amendment to Employment Agreement (this “Amendment”) is entered into by and between Robert D. Falese (hereinafter “Employee”) and Commerce Bancorp, Inc. (and all of its affiliates and subsidiaries) (hereinafter collectively “Commerce”), a New Jersey business corporation, effective as of the date written below. This Amendment amends the Amended and Restated Employment Agreement between Employee and Commerce dated as of October 2, 2007 (the “Employment Agreement”).

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Amendment to Employment Agreement
Employment Agreement • January 7th, 2008 • Commerce Bancorp Inc /Nj/ • National commercial banks

This Amendment to Employment Agreement (this “Amendment”) is entered into by and between George E. Norcross, III (hereinafter “Employee”) and Commerce Bancorp, Inc. (and all of its affiliates and subsidiaries) (hereinafter collectively “Commerce”), a New Jersey business corporation, effective as of the date written below. This Amendment amends the Amended and Restated Employment Agreement between Employee and Commerce dated as of October 2, 2007 (the “Employment Agreement”) and is being entered into simultaneously with (and conditional upon) the execution of a Non-Competition Agreement with Commerce dated as of even date herewith, to be effective upon the consummation of a sale contemplated by Section 4.5(a) of the Employment Agreement (the “Non-Competition Agreement”).

NON-COMPETITION AGREEMENT
Non-Competition Agreement • January 7th, 2008 • Commerce Bancorp Inc /Nj/ • National commercial banks • New Jersey

THIS NON-COMPETITION AGREEMENT (this “Agreement”) is made this 31st day of December, 2007 by and between Commerce Bank/North, a New Jersey chartered bank (other than CIS (as defined below), the “Seller” and, together with its parents, subsidiaries and affiliates, and their successors and assigns, “Commerce”), and George E. Norcross, III (the “Restricted Person”).

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